N.Y. Environmental Conservation Law § 33-0903: Purchase permits

§ 33-0903. Purchase permits.

1. A purchase permit or certification identification card is required

for the purchase, possession or use of a restricted use pesticide.

2. Any person desiring such a permit shall file an application

containing such information required by the commissioner and in a form

prescribed by the commissioner. The commissioner shall examine the

application and shall issue or refuse to issue the permit requested

therein. The commissioner shall not issue a permit to so purchase,

possess or use a particular pesticide if there is a reasonably less

dangerous alternative available capable of performing the task required.

The commissioner shall impose whatever restrictions or conditions on the

permit he deems appropriate in order to fully protect the public

interest.

3. Upon the purchase by a purchase permit holder of a restricted use

pesticide he shall present his purchase permit and have it cancelled by

the commercial permit holder selling the pesticide in a manner to be

prescribed by the commissioner.

4. The reasons for the denial of an application or revocation of a

permit may include, but not be limited to, the commissioner being

satisfied of one or more of the following:

a. That any statement in the application or upon which the permit was

issued, is or was false or misleading;

b. That the applicant or permit holder failed to justify his need for

the quantity and types of restricted use pesticides requested;

c. That the applicant or permit holder stored, applied, used or

disposed of any pesticide contrary to the registered labeled usage or

contrary to the conditions specified in his permit;

d. That the applicant or permit holder has failed to comply with any

provisions of this article or rules and regulations of the department

made pursuant thereto; or

e. That the applicant or permit holder has failed to demonstrate that

he has sufficient knowledge and experience concerning the proper use,

application and disposal of pesticides.

5. A formal hearing shall not be required and the commissioner's

decision in denying or revoking a permit shall be final unless the

applicant or permit holder institutes a review within the time and in

the manner prescribed by article 78 of the Civil Practice Law and Rules.

6. The commissioner is authorized to exempt holders of a pesticide

applicator certification from the requirement of obtaining a purchase

permit as provided for herein. Such exemption shall apply only to those

restricted use pesticides designated by the commissioner.